Player v. United States of America

Plaintiff Darrell Player, a veteran, underwent surgery at a Veterans Affairs hospital in Columbia, South Carolina, in 2014. He alleged that negligent post-operative care caused him to suffer severe and permanent injuries, including compartment syndrome. Player filed suit against the United States under the Federal Tort Claims Act. The government moved for summary judgment, arguing that South Carolina law requires expert medical testimony to establish the standard of care, breach, and causation, and that Player had failed to identify any such expert. The United States District Court for the District of South Carolina, in an order dated November 16, 2018, agreed. The court found that the alleged negligence was not so obvious as to be within a layperson's common knowledge, making expert evidence indispensable. Because no expert report was timely provided, the court granted the government's motion and dismissed the case with prejudice.

The United States' motion for summary judgment was granted, and the case was dismissed with prejudice.

Whether a medical malpractice claim under the Federal Tort Claims Act may proceed in the absence of expert medical testimony to establish the applicable standard of care and causation under South Carolina law.

The decision illustrates the stringent procedural barriers faced by plaintiffs suing the federal government for medical negligence, underscoring the absolute necessity of retaining and disclosing qualified expert witnesses early in FTCA litigation. It serves as a cautionary precedent for veterans pursuing malpractice claims within the VA system.